People ex rel. Spivack v. Ponte
This text of 135 A.D.3d 789 (People ex rel. Spivack v. Ponte) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Writ of habeas corpus in the nature of an application for the release of Jerrel Lowery pursuant to CPL 30.30 (2) (a) upon Queens County indictment No. 3184/13. Application by the petitioner to waive the filing fee.
Ordered that the application is granted and the filing fee is waived; and it is further,
*790 Adjudged that the writ is dismissed, without costs or disbursements.
The People are chargeable with less than 90 days of delay in bringing Jerrel Lowery to trial on Queens County indictment No. 3184/13 (see CPL 30.30 [2] [a]; [4] [a]-[g]). Accordingly, jerrel Lowery is not entitled to release pursuant to CPL 30.30 (2) (a), and the writ of habeas corpus must be dismissed. Dillon, J.P., Roman, Sgroi and Miller, JJ., concur.
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Cite This Page — Counsel Stack
135 A.D.3d 789, 22 N.Y.S.3d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-spivack-v-ponte-nyappdiv-2016.